- 53 - payments, to be made the first of each month, beginning September 1, 2000, specified in Surgicoe’s promissory note to Ms. Moore.18 Therefore, it is clear that petitioners reported, on their 2000 return, no more than the cash payments received in 2000, not the full amount of the selling price for Ms. Moore’s LLC membership interest ($1,138,806.12) and not the full face amount of the Surgicoe promissory note ($160,825.87). Under those circumstances we find that petitioners did not elect out of the installment method of reporting the income from Surgicoe’s promissory note. See Estate of Wilkinson v. Commissioner, T.C. Memo. 1993-463 (“The only method for electing out of the installment method * * * is for taxpayers to report the full amount of the sales price and the full amount of the income associated with installment sales on timely filed tax returns for the year of the sales.”).19 18 Assuming the monthly payments commenced on Sept. 1, 2000, as specified in Surgicoe’s promissory note, the fifth payment would have been due Jan. 1, 2001. It appears, however, that that payment was included in petitioners’ 2000 return. 19 Respondent cites petitioners’ failure to file a Form 6252, Installment Sale Income, as conclusive evidence that “petitioners have not demonstrated that they intended to report their transaction under the installment method.” Respondent does not suggest that petitioners’ failure to file that form constituted a procedural defect sufficient in itself to bar petitioners’ use of the installment method, and, indeed, there is no support in either sec. 453 or the regulations thereunder for that position. As we conclude herein, it is a taxpayer’s reporting of the full amount of the income derived from an installment sale (not the taxpayer’s failure to file a Form 6252) (continued...)Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 NextLast modified: November 10, 2007